Izvorni znanstveni članak
Administrative justice in the territory of The Former Yugoslavia
Ivan Koprić
orcid.org/0000-0002-9086-6937
Sažetak
Judicial control over public administration has sprung from the concept of division of powers and from the system of checks and balances. It also represents the wish to enforce the principles of legality and the rule of law. In the territories that were later part of Yugoslavia, administrative justice began to develop in the second half of the 19th century. There existed different legal regulation and organisational solutions of administrative justice due to the then state and constitutional arrangements. The development of administrative
justice system was interrupted only between 1945 and 1952. After the
new states were created in the former Yugoslav territory at the beginning of the 1990s, judicial control of public administration has been developing on three bases: common tradition, the influence of the principles and standards of European administrative law, and particularities of individual countries. The development has been fluctuating between Yugoslav tradition and European modernisation. It is oriented towards a wider and more comprehensive court protection of citizens’ rights and towards stricter judicial control of public administration. The main challenges are: establishment of administrative court(s); introduction of oral contradictory hearing; introduction of second instance of administrative justice system; work overload in administrative courts; relation between administrative justice system and the protection of citizens’ constitutional rights in the constitutional courts; necessary improvements in administrative education of judges; etc.
Ključne riječi
administrative justice; judicial control of public administration; the Administrative Court – Croatia; administrative dispute; European administrative process law; European administrative space; the rule of law
Hrčak ID:
135895
URI
Datum izdavanja:
30.3.2006.
Posjeta: 1.751 *